U.S. Patent Opinions and Evaluations
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Product details:
- Publisher OUP USA
- Date of Publication 12 November 2009
- ISBN 9780195367270
- Binding Paperback
- No. of pages1072 pages
- Size 234x156x55 mm
- Weight 1488 g
- Language English 0
Categories
Long description:
This book provides expert, up-to-date, practical advice and guidance on the four principle issues of patent evaluations and opinions, including: (1) claim construction and claim scope; (2) infringement; (3) validity; and (4) enforceability.
The book teaches how to apply these four principles to the many uses of patent opinions, including:
- Evaluating and Opining on Third-Party Patents for:
--- Willful Infringement Risk Analyses
--- Invalidity and Noninfringement Investigations and Opinions for Avoidance of Willful Infringement
---Infringement Risk and Patent Portfolio Analyses and Reporting for SEC Compliance, Including Sarbanes-Oxley Reporting
--- Clearance (Freedom to Operate) Investigations and Opinions for New Products and Process
--- Design-Around Investigations and Determinations
--- Pre-Purchase and Pre-License Investigations of Patent Scope, Validity, and Enforceability
--- Pre-Filing Investigations for Ex Parte Reexamination and Other Post-Grant Challenges
L - Evaluating and Opining on One's Own Patent Rights for:
--- Pre-Filing Infringement, Validity, and Enforceability Investigations for Rule 11 Compliance
--- Evaluation of Patent Portfolio Strength and Scope
--- Pre-Filing Investigations for Reexamination and Reissue Filings
--- Pre-Sale and Pre-Licensing Investigations of Patent Scope, Validity, and Enforceability
---Protecting and Maximizing Patent Rights in Bankruptcy
Table of Contents:
Preface How to Best Use This Book
Chapter 1 Overview and Uses of Patent Noninfringement and Invalidity
Opinions
I. Purposes and Uses of Patent Noninfringement and Invalidity Opinions
II. Noninfringement Opinions
III. Invalidity Opinions
Chapter 2 Competency Of Opinions
I. Requirement for Competent Opinion
II. Claim Construction Required
III. Reliance of Cited, Up-to-Date, Properly Interpreted Law
IV. Timing for Opinions
V. Noninfringement Opinions
VI. Invalidity Opinions
VII. Final Opinion Should by in Writing
VIII. Level of Certainty
IV. Practice Tips
Chapter 3 Timing, Necessity of, and Reliance on Opinions
I. Knorr-Bremse Case
II. READ Factors Remain
III. Best to Obtain Opinion Upon Learning of Potentially Infringed Patent
IV. Waiver
V. Practice Tips
Chapter 4 Waiver of Attorney-Client Privilege and Work-Product Immunity
I. Production of Opinion
II. Waiver of Attorney-Client Privilege
III. Other Waivers
IV. Practice Tips
Chapter 5 Claim Construction
I. Competent Opinion Must Construe Claims
II. Evidence for Claim Construction
III. Claim Construction
VII. Practice Tips
Chapter 6 Establishing Basis for Noninfringement Opinions
I. Competent Opinion Must Construe Claims
II. Burden of Proof for Noninfringement is Preponderance of the Evidence (Centricut)
III. Carefully and Accurately Describe Client's Technology
IV. Advise Client in Writing, in Final Opinion, That Noninfringement Analysis and Opinion are Based Solely on Client's Product and/or Process as Described in Opinion, and That any Changes to Product and/or Process Must be Evaluated Anew for Noninfringement
IV. A. Begin With Analysis of Literal Infringement
V. Practice Tips
Chapter 7 Literal Infringement
I. Literal Infringement (35 U.S.C.
271(a))
II. Special Rules
III. Doctrine of Equivalents Must be Addressed if No Literal Infringement
IV. Practice Tips
Chapter 8 Doctrine of Equivalents
I. Infringement Under the Doctrine of Equivalents
II. Defining Equivalents
III. Special Claim Construction Rules for Equivalents
IV. Special Rules
V. Practice Tips
Chapter 9 Non-Direct Infringement, Experimental Use, and Implied License
I. Direct Infringement (35 U.S.C.
271(a))
II. Non-Direct Infringement
III. Inducement
IV. Contributory Infringement
V. Foreign Activity
VI. Importation of Product Made by Method Claim
VII. Experimental Use Exemption (35 U.S.C.
271(e)(1))
VIII. Implied License
IX. Practice Tips
Chapter 10 Establishing the Basis for Invalidity Opinions
I. Competent Opinion Must Construe Claims
II. Burden of Proof for Patent Invalidity is Clear and Convincing Evidence (Typeright Keyboard)
III. Multiple Avenues to Prove Invalidity
IV. No Need To Evaluate Client's Technology
V. Practice Tips
Chapter 11 Anticipation By Printed Publication
I. The Invention was Described in a Printed Publication More than One Year Before the Priority Date (35 U.S.C.
102(b))
II. Qualifying The Prior Art
III. Single Source of Prior Art Must Contain All of the Limitations of the Claim, Expressly or Inherently (Metabolite Laboratories)
IV. Weight of Prior Art
V. Parent Application as Prior Art Against Continuation-In-Part Patent
IV. Practice Tips
Chapter 12 Other Forms of Anticipation
I. On Sale Bar, 35 U.S.C.
102(b)
II. Public Use, 35 U.S.C.
102(b)
III. Known or Used by Others in the U.S., 35 U.S.C.
102(a)
IV. Patented or Described in a Printed Publication, 35 U.S.C.
102(a)
V. Described in a U.S. Patent Application Published by Another Filed in the U.S. Before the Invention Date, 35 U.S.C.
102(e)(1)
VI. Described in a U.S. Patent by Another Filed in the U.S. Before the Invention Date, 35 U.S.C.
102(e)(2)
VII. Derivation, 35 U.S.C.
102(f)
VIII. Prior Invention, 35 U.S.C.
102(g)
IX. Practice Tips
Chapter 13 Obviousness
I. Overview
II. Establishing a Prima Facie Case of Obviousness
III. Evidence For Rebuttal of Prima Facie Case of Obviousness: Graham Secondary Considerations
IV. Secondary Factors Cannot Rebut a Clear Case of Obviousness (Graham)
V. Summary of Nonobviousness Opinion
VI. Practice Tips
Chapter 14 Other Forms of Invalidity, Unenforceability
I. Written Description, 35 U.S.C.
112, First Paragraph
II. Enablement, 35 U.S.C.
112, First Paragraph
III. Best Mode, 35 U.S.C.
112, First Paragraph
IV. Indefiniteness, 35 U.S.C.
112, Second Paragraph
V. Utility, 35 U.S.C.
101
VI. Inequitable Conduct, Unenforceability
VII. Practice Tips
Appendix A Sample Outline of Noninfringement Opinion
Appendix B Sample Outline of Invalidity Opinion
Appendix C Subject Matter Index
